1. Renting Law
Chapter 27
(about 112 slides)
1

2. I am not a lawyer
I am a high school teacher
For a complete discussion of California rental law, please see this
very handy and informative 122-page publication:
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
“California Tenants A guide to residential tenants’ and landlords’
rights and responsibilities”
2

3. Landlord Tenant
3

4. Landlord Tenant
Owns the living space
4

5. Landlord Tenant
Owns the living space Rents the living space
5

6. Landlord Tenant
6

7. Landlord provides Tenant provides
7

8. Landlord provides Tenant provides
Habitable Space
8

9. Landlord provides Tenant provides
Habitable Space Rent Money
9

10. Landlord receives Tenant receives
10

11. Landlord receives Tenant receives
Rent Money
11

12. Landlord receives Tenant receives
Rent Money Quiet Enjoyment
12

13. Tenancy
Occupation of property owned by someone else
•for rent
•exclusive possession
•for a fixed period of time
13

14. Rent or Lease?
14

15. “Rent” means “Lease” means
15

16. “Rent” means “Lease” means
Jan Feb Mar Apr
May Jun Jul Aug
Sept Oct Nov Dec
Tenants commit to
stay for only one
month at a time.
16

17. “Rent” means “Lease” means
Jan Feb Mar Apr Jan Feb Mar Apr
May Jun Jul Aug May Jun Jul Aug
Sept Oct Nov Dec Sept Oct Nov Dec
Tenants commit to
Tenants commit to
stay for longer than a
stay for only one month, typically a
month at a time. whole year at a time.
17

18. “Rent” means “Lease” means
Jan Feb Mar Apr Jan Feb Mar Apr
May Jun Jul Aug May Jun Jul Aug
Sept Oct Nov Dec Sept Oct Nov Dec
Tenants commit to
Tenants commit to
stay for longer than a
stay for only one month, typically a
month at a time. whole year at a time.
18

19. Before you move in
19

20. Application Screening Fee
Non-refundable
“screening” fee
– Used by potential
landlord to do credit
check/background
check
– Not to exceed actual
cost of screening
20

21. The “walkthrough”
21

22. The “walkthrough”
• Do the electric outlets work?
22

23. The “walkthrough”
• Do the electric outlets work?
• Do the toilets work?
23

24. The “walkthrough”
• Do the electric outlets work?
• Do the toilets work?
• Is the hot water hot?
24

25. The “walkthrough”
• Do the electric outlets work?
• Do the toilets work?
• Is the hot water hot?
• Does the stove/oven work?
25

26. The “walkthrough”
• Do the electric outlets work?
• Do the toilets work?
• Is the hot water hot?
• Does the stove/oven work?
• Does the disposal work?
26

27. The “walkthrough”
• Do the electric outlets work?
• Do the toilets work?
• Is the hot water hot?
• Does the stove/oven work?
• Does the disposal work?
• Do the doors/windows lock?
27

28. The “walkthrough”
• Do the electric outlets work?
• Do the toilets work?
• Is the hot water hot?
• Does the stove/oven work?
• Does the disposal work?
• Do the doors/windows lock?
• Are there ice cube trays in the freezer?
28

29. Take pictures during “walkthrough”
29

30. Before you move in
30

31. Written Agreement
31

32. Written Agreement
Duties of the landlord
Responsibilities of the tenant
a.k.a. “obligations”
a.k.a. “covenants”
32

33. 10 special considerations of a rental
agreement
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
33

34. 10 special considerations of a rental
agreement
1. Pets
2.
3.
4.
5.
6.
7.
8.
9.
10.
34

35. 10 special considerations of a rental
agreement
1. Pets
2.
3.
4.
5.
6.
7.
8.
9.
10.
35

36. 10 special considerations of a rental
agreement
1. Pets
2.
3.
4.
5.
6.
7.
8.
9.
10.
36

37. 10 special considerations of a rental
agreement
1. Pets
2.
3.
4.
5.
6.
7.
8.
9.
10.
37

38. 10 special considerations of a rental
agreement
1. Pets
2.
3.
4.
5.
6.
7.
8.
9.
10.
38

39. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3.
4.
5.
6.
7.
8.
9.
10.
39

40. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4.
5.
6.
7.
8.
9.
10.
40

41. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5.
6.
7.
8.
9.
10.
41

42. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5. Waterbed
6.
7.
8.
9.
10.
42

43. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5. Waterbed
6. Subletting allowed?
7.
8.
9.
10.
43

44. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5. Waterbed
6. Subletting allowed?
7. Yard? Who waters/mows?
8.
9.
10.
44

45. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5. Waterbed
6. Subletting allowed?
7. Yard? Who waters/mows?
8. Parking
9.
10.
45

46. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5. Waterbed
6. Subletting allowed
7. Yard? Who waters/mows?
8. Parking
9. Permission for parties?
10.
46

47. 10 special considerations of a rental
agreement
1. Pets
2. Late charges (typically 5% of the rent)
3. Number of people allowed to live there
4. Utilities (gas, electricity, water, garbage)
5. Waterbed
6. Subletting allowed
7. Yard? Who waters/mows?
8. Parking
9. Permission for parties?
10.Megan’s Law notice
47

48. www.MegansLaw.ca.gov
• New Jersey
• Megan’s family moved
next door
• Man had previously
attacked a 5-year old
girl and a 7-year old girl.
• Six years in prison
• Lured Megan into his
house
• Attacked and killed her
• Megan’s teeth marks
found on his hand
• She was 7
48

49. Let’s check www.MegansLaw.ca.gov
49

50. Before you move in
50

51. Roommates:
Maybe both sign the lease…
Roommate 1
Landlor
Roommate 2 d
51

52. Roommates:
Maybe only one signs the lease…
Roommate 1
Landlor
Roommate 2 d
52

53. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
53

54. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
• How many nights a week?
54

55. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
• How many nights a week?
• Do they pay rent if they stay more
than that many nights?
55

56. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
• How many nights a week?
• Do they pay rent if they stay more
than that many nights?
• Are the number of overnight guests
limited (can I have 20 people stay
over)?
56

57. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
• How many nights a week?
• Do they pay rent if they stay more
than that many nights?
• Are the number of overnight guests
limited (can I have 20 people stay
over)?
• Will dirty dishes stay in the sink
overnight?
57

58. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
• How many nights a week?
• Do they pay rent if they stay more
than that many nights?
• Are the number of overnight guests
limited (can I have 20 people stay
over)?
• Will dirty dishes stay in the sink
overnight?
• Who will vacuum and how often?
58

59. Roommate Agreements
• Can a roommate have a boyfriend
stay over night?
• How many nights a week?
• Do they pay rent if they stay more
than that many nights?
• Are the number of overnight guests
limited (can I have 20 people stay
over)?
• Will dirty dishes stay in the sink
overnight?
• Who will vacuum and how often?
• Are refrigerator shelves reserved for
each person? 59

60. Move-in Costs
• First month’s rent
60

61. Move-in Costs
• First month’s rent
Tenants pay the rent,
then they live in the
apartment.
61

62. Move-in Costs
• First month’s rent
• Security deposit
62

63. Security Deposit
The tenant pays
money when they
move in called a
“security deposit”.
63

64. Security Deposit
Usually equal to
one month’s rent.
64

65. Security Deposit
If a tenant leaves a
mess or damage
when moving out,
the landlord keeps
some or all of the
security deposit
money to clean it
up or get it fixed.
65

66. Security Deposit
If things are clean
and unbroken
when the tenant
leaves, they will
get their security
deposit back.
66

67. Move-in Costs
• First month’s rent
• Security deposit
• Last month’s rent
• Pet security deposit
• Waterbed deposit
67

68. Tenancy
Month-to-Month (periodic tenancy)
68

69. Tenancy
Month-to-Month (periodic tenancy)
$600 $600 $600 $600
$600 back
$600
69

70. Tenancy
Month-to-Month (periodic tenancy)
$600 $600 $600 $600
$600 back
$600
Lease (tenancy for years)
70

71. Tenancy
Month-to-Month (periodic tenancy)
$600 $600 $600 $600
$600 back
$600
Lease (tenancy for years)
$600 $600 $600 $600 $600 $600
$600 back
$600
71

72. Quiet Enjoyment
72

73. Quiet Enjoyment
Renters have the right
to the “quiet enjoyment”
of their living space. 73

74. Quiet Enjoyment
Landlords cannot just come into your
living space whenever they want to.
74

75. When can the landlord enter your apartment?
75

76. When can the landlord enter your apartment?
• In normal business hours
• With 24 hour advanced notice
• For specific reasons…
76

77. Specific reasons to enter the apartment:
• Emergency
• Make necessary repairs
• Make agreed repairs
• Show rental to prospective tenants or
purchasers
• Tenant has abandoned or vacated the
premises
• Pursuant to court order
77

78. Living
If a tenant breaks
something in the
apartment, they
should tell the
landlord about it
right away.
78

79. Living
Accident’s happen.
Fess up right away.
79

80. Damage vs. “normal wear-and-tear”
80

81. Damage vs. “normal wear-and-tear”
Tenant’s pay for
damage.
Landlord’s pay
for wear-and- 81

82. Tort Liability (who is responsible?)
82

83. Renting Law
Chapter 27
83

84. Renting Law
Please take the 8-question
“Rental Law Intro Quiz”
in the Assignments folder.
84

85. Landlord Tenant
85

86. Tenant
86

87. Tenant
Let’s say the
tenant’s are
going to Costa
Rica for three
months to work
on a Peace Corps
project…
87

88. Tenant
Let’s say the
tenant’s are
going to Costa
Rica for three
months to work
on a Peace Corp
project…do they
still have to pay
the rent?
88

89. Tenant
Are they allowed to
convince a friend to
rent their apartment
for three months (until
they get back)?
89

90. Tenant
Are they allowed to
convince a friend to
rent their apartment
for three months (until
they get back)?
Or can they move all
their belongings to a
storage locker and then
rent their apartment to
a total stranger?
90

91. Transferring a Tenancy
Subletting (for part of the lease)
91

92. Transferring a Tenancy
Subletting (for part of the lease)
To “let” means to “rent”.
92

93. Transferring a Tenancy
Subletting (for part of the lease)
To “let” means to “rent”.
To “sublet” means the renter rents to a third party.
93

94. Transferring a Tenancy
Subletting (for part of the lease)
Subletting is generally not allowed in most rental
agreements.
94

95. Tenant
Let’s say the tenant’s
don’t plan to come
back from Costa
Rica…can they
transfer the
remainder of their
rental contract to
someone else?
95

96. Transferring a Tenancy
Assignment (to the end of the lease)
96

97. Transferring a Tenancy
Assignment (to the end of the lease)
Assignment is generally not allowed in most rental
agreements.
97

98. Transferring a Tenancy
Two ways to
transfer a
tenancy…
98

99. Transferring a Tenancy
Subletting (for part of the lease)
Assignment (to the end of the lease)
99

100. Tenant
What if the
tenants don’t
move out at the
end of their
lease?
100

101. Tenancy at Sufferance
Month-to-Month
You stayed
too long!
Lease
101

102. Eviction (getting kicked out)
• Didn’t pay the rent on time
• Damaged the property
• Prevented the quiet enjoyment of neighbors
102

103. Eviction (getting kicked out)
Landlord needs a court order to lock a tenant out.
103

104. “Constructive Eviction”
Criminal landlords might shut off the electricity or
gas or water to try to get a tenant to move out.
This action by a landlord is NOT legal.
104

105. Moving out
105

106. ≥ 30 day November 15, 2013
written Dear Mr. Hardin,
and I’ll be moving out of the
dated apartment on January 1, 2014.
My new address will be:
notice to 3121 West Lane
landlord Lodi, CA 95242
I’ve had a great time here and
thank you so much for the help
you’ve given me while I was here.
Mark Lushenko 106

107. Security Deposit
If a tenant leaves
damage or a mess,
the landlord may
keep some or all of
their security
deposit.
107

108. Return of security deposit
No damage or trash
left behind? The
landlord will return
the security deposit
within 21 calendar
days from the day of
move out.
108

109. Security deposit returned within…
109

110. Security deposit returned within…
110

111. Renting Law
Chapter 27
For a complete discussion of California rental law, please see this
very handy and informative 122-page publication:
http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
“California Tenants A guide to residential tenants’ and landlords’
rights and responsibilities”
111

112. 112